1. Race, color, or national origin; 2. Sex; 3. Religion; 4. Age (applies to individuals who are 40 years of age or older); or 5. Disability.

Transcription

1 NONDISCRIMNATION The District shall not fail or refuse to hire or discharge any individual, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on the basis of any of the following protected characteristics: 1. Race, color, or national origin; 2. Sex; 3. Religion; 4. Age (applies to individuals who are 40 years of age or older); or 5. Disability. 42 U.S.C. 1981; 42 U.S.C. 2000e et seq. (Title VII); 20 U.S.C et seq. (Title IX); 42 U.S.C et seq. (Americans with Disabilities Act); 29 U.S.C. 621 et seq. (Age Discrimination in Employment Act); 29 U.S.C. 793, 794 (Rehabilitation Act); U.S. Const. Amend. I; Labor Code Chapter 21 (Texas Commission on Human Rights Act) JOB QUALIFICATION EMPLOYMENT POSTINGS HARASSMENT OF EMPLOYEES RETALIATION NOTICES The District may take employment actions based on religion, sex, national origin, or age in those certain instances where religion, sex, national origin, or age is a bona fide occupational qualification. 42 U.S.C. 2000e- 2(e); 29 U.S.C. 623 (f) The District shall not print or publish any notice or advertisement relating to District employment that indicates any preference, limitation, specification, or discrimination based on race, color, religion, sex, or national origin, unless the characteristic is a bona fide occupational qualification. 42 U.S.C. 2000e-3(b) The District has an affirmative duty to maintain a working environment free of harassment on the basis of sex, race, color, religion, and national origin. 42 U.S.C. 2000e et seq.; 29 CFR (a), [Se DIA] The District may not discriminate against any employee or applicant for employment because the employee or applicant has opposed any unlawful, discriminatory employment practices or participated in the investigation of any complaint related to an unlawful, discriminatory employment practice. 29 U.S.C. 623(d) (ADEA); 42 U.S.C e3(a) (Title VII); 34 CFR 100.7(e) (Title VI); 34 CFR (Age Act); 42 U.S.C (ADA) The District shall post in conspicuous places upon its premises a notice setting forth the information the Equal Employment Opportunity Commission deems appropriate to effectuate the purposes of the antidiscrimination laws. 29 U.S.C. 627; 42 U.S.C. 200-e-10. DATE ISSUED: 04/01/ of 5 -B

2 SECTION 504 NOTICE A District that employs 15 or more persons shall take appropriate steps to notify applicants and employees, including those with impaired vision or hearing, that it does not discriminate on the basis of disability. The notice shall state: 1. That the District does not discriminate in employment in its programs and activities; and 2. The identity of the District s 504 coordinator. Methods of notification may include: 1. Posting of notices; 2. Publication in newspapers and magazines; 3. Placing notices in District publications; and 4. Distributing memoranda or other written communications. If the District publishes or uses recruitment materials containing general information that it makes available to applicants or employees, it shall include in those materials a statement of its nondiscrimination policy. 34 CFR AGE SEX PREGNANCY The District may take an employment action on the basis of age pursuant to a bona fide seniority system or a bona fide employee benefit plan. However, a bona fide employee benefit plan shall not excuse the failure to hire any individual and no such benefit plan shall require or permit the involuntary retirement of any individual because of age. 29 U.S.C. 623 (f) The prohibition against discrimination on the basis of sex includes discrimination on the basis of pregnancy, childbirth, or related medical conditions. The District shall treat women affected by pregnancy, childbirth, or related medical conditions the same for all employment-related purposes, including receipt of benefits under fringe benefit programs. 42 U.S.C. 2000e(k) EQUAL PAY The District may not pay an employee at a rate less than the rate the employer pays employees of the opposite sex for equal work on jobs the performance of which require equal skill, effort, or responsibility and which are performed under similar working conditions. This rule does not apply if the payment is pursuant to a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or a differential based on any other factor DATE ISSUED: 04/01/ of 5 -B

3 other than sex. 29 U.S.C. 206(d); 34 CFR RELIGIOUS The prohibition against discrimination on the basis of religion includes all aspects of religious observances and practice, as well as religious belief, unless the District demonstrates that it is unable to reasonably accommodate an employee s or prospective employee s religious observance or practice without undue hardship to the District s business. Undue hardship means more than a de minimus (minimal) cost. 42 U.S.C. 2000e(j); 29 CFR The District may not substantial burden an employee s free exercise of religion, unless the burden is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest. Civ. Prac. & Rem. Code DISABILITY BASED ON RELATIONSHIP The District shall make reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability, unless the District can demonstrate that the accommodation would impose an undue hardship on the operation of the District. 42 U.S.C (b); 29 CFR ; 29 U.S.C. 794; 34 CFR ; Labor Code [See DBB regarding medical examinations and inquiries under the Americans with Disabilities Act] The District shall not exclude or deny equal jobs or benefits to, or otherwise discriminate against, a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a family, business, social, or other relationship or association. 42 U.S.C (b)(4); 29 CFR ; 34 CFR DEFINITIONS Disability means a physical or mental impairment that substantially limits one or more of an individual s major life activities, a record of having such an impairment, or being regarded as having such an impairment. Major life activities are such functions as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. 42 U.S.C (2); 29 CFR (g)- (l); 28 CFR 35,104; 34 CFR 104.3(j), (l); Labor Code (6) Qualified individual with a disability means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or desires. Consideration shall be given to the District s judgment as to what functions of a job are essential. A written job description prepared DATE ISSUED: 04/01/ of 5 -B

4 before advertising or interviewing applicants for the job is evidence of the job s essential functions. 42 U.S.C (8); 29 CFR (m), (n); 34 CFR 104.3(l); Labor Code USE OF ILLEGAL DRUGS DRUG TESTING ALCOHOL USE REASONABLE ACCOMMODATION UNDUE HARDSHIP DIRECT THREAT TO HEALTH OR SAFETY COMMUNICABLE DISEASES The term qualified individual with a disability does not include any employee or applicant who is currently engaging in the illegal use of drugs, when the District acts on the basis of such use. The District is not prohibited from conducting drug testing of employees and applicants for the illegal use of drugs or making employment decisions based on the results of such tests. 42 U.S.C (c), (d) [See DHE] The term qualified individual with a disability does not include an individual who is an alcoholic and whose current use of alcohol prevents the employee from performing the duties of his or her job or whose employment, by reason of such current alcohol abuse, would constitute a direct threat to property or the safety of others. 42 U.S.C (a); 29 CFR (a); 28 CFR ; 29 U.S.C. 705(20)(C) Reasonable accommodation includes 1. Making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and 2. Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modification of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. 42 U.S.C (9); 29 CFR (o); 34 CFR (b) Undue hardship means an action requiring significant difficulty or expense when considered in light of the nature and cost of the accommodation needed, overall financial resources of the affected facility and the District, and other factors set out in law. 42 U.S.C (10); 29 CFR (p); 34 CFR (c) As a qualification standard, the District may require that an individual not pose a direct threat to the health or safety of other individuals in the workplace. Direct threat means a significant risk to the health or safety of the individual or others that cannot be eliminated by reasonable accommodation. 42 U.S.C (3); 29 CFR (q) The District may refuse to assign or continue to assign an individual to a job involving food handling if the individual has an infectious or communicable disease that is transmitted to others through handling of DATE ISSUED: 04/01/ of 5 -B

5 food. 42 U.S.C (d); 29 U.S.C. 705(20)(D); 29 CFR (e); Labor Code (6)(B) MILITARY SERVICE GRIEVANCE POLICIES SECTION 504 AMERICANS WITH DISABILITIES ACT TITLE IX The District shall not deny initial employment, reemployment, retention in employment, promotion, or any benefit of employment on the basis of membership in a uniformed service, performance in a uniformed service, application for uniformed service, or obligation to a uniformed service. The District shall not take adverse employment action or discriminate against any person who takes action to enforce protections afforded by the Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA). 38 U.S.C [See also DEC] A district that receives federal financial assistance and that employs fifteen or more persons shall adopt grievance procedures that incorporate appropriate due process standards and that provide for the prompt and equitable resolution of complaints alleging any action prohibited by Section 504 of the Rehabilitation Act. 34 CFR 104.7(b), A district that employs 50 or more persons shall adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging any action that would be prohibited by the Americans with Disabilities Act. 28 CFR , A district that receives federal financial assistance shall adopt and publish grievance procedures providing for prompt and equitable resolution of employee complaints alleging any action prohibited by Title IX. 34 CFR 106.8(b); North Haven Board of Education v. Bell, 456 U.S. 512 (1982) See [DGBA] COMPLIANCE COORDINATOR The District shall designate at least one employee to coordinate its efforts to comply with Title IX, Section 504, the Age Act, and the ADA. The District shall notify all employees of the name, office address, and telephone number of the employee(s) so designated. 34 CFR 104.7(b), ; 28 CFR , ; 34 CFR 106.8(b) DATE ISSUED: 04/01/ of 5 -B